The jurisprudence sitting by the Spain Constitutional Court in 2012, about the reports recorded with hidden cameras is clear and firm: the use of these techniques can´t be considered in all cases investigative journalism, so it could be only used when this is the only way to obtain this information of public interest, and in the all of the other cases that situation will be a unlawful interference in the right to privacy.

The right to be forgotten has become a matter of capital importance, as a consequence of the impact that the Internet is having on the privacy of citizens. In this context, this article analyzes the different forms of protection of this emerging right in codified systems and common law systems, in order to account for the different realities that are being created in both continents, where the aim is to balance the right to information with the right to be forgotten in an era where digital memory does not forget or forgive.

The right to be forgotten has become a matter of capital importance, as a consequence of the impact that the Internet is having on the privacy of citizens. In this context, this article analyzes the different forms of protection of this emerging right in codified systems and common law systems, in order to account for the different realities that are being created in both continents, where the aim is to balance the right to information with the right to be forgotten in an era where digital memory does not forget or forgive.

The jurisprudence sitting by the Spain Constitutional Court in 2012, about the reports recorded with hidden cameras is clear and firm: the use of these techniques can´t be considered in all cases investigative journalism, so it could be only used when this is the only way to obtain this information of public interest, and in the all of the other cases that situation will be a unlawful interference in the right to privacy.